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New Jersey Statutes of Limitation
Generally Speaking

Download Statutes

Type of Case S.O.L. AUTHORITY
Adverse Possession
woodlands or uncultivated tract
all other property

60 years
30 years

J & M Land Co. v. First Union
166 N.J. 493 (2001)
Appeal (from)
Interlocutory Order (Superior Ct)
Municipal Court
Planning/Zoning Board
Superior Court final judgment

20 days
20 days
45 days
45 days

R.2:5-6
R. 3:23-2
R. 4:69-6(b)(3)
R. 2:4-1
Civil Rights 1983 2 years NJSA.2A:14-2; Wilson v. Garcia
471 U.S. 261 (1985)
*Check Lilly Ledbetter Act of 2009
Childhood Sex Abuse [check these cases] Hardwicke v. Princeton Boys Choir
R.L. v. Voytac
Conscientious Employee Protection Act (CEPA) 1 year (from last day of work) N.J.S.A. 34:19-5
Contract
General
UCC Sale of Goods

6 years
4 years

N.J.S.A. 2A:14-1
N.J.S.A. 12A:2-725
Crime (Generally) 5 years NJSA.2C:1-6
Disorderly Persons Offense 1 year NJSA.2C:1-6
Elective Share 6 months from appointment of personal rep N.J.S.A. 3B:8-12
ERISA Violation 3 years or 6 years 29 USC 1113(a)
Fair Debt Credit Protection Act Violation 1 year 15 USCA 1692K(d); Schoffhauser v. Citibank, 340 Fed. Appx. 128 (2009)
Federal Employers Liability Act (Railroads) 3 years 45 USCA 56 (Railroad incidents only)
Fiduciary 6 years Zola v. Gordon,685 F. Supp 354 (1988)
Fraudulent Transfer of Real Property 4 years or 1 year from discovery N.J.S.A. 25:2-31; Guido v. Spina, docket No. A-3215-08T3
Fraud - Consumer 6 years or less than 6 years by agreement N.J.S.A. 2A:14-1
Mirra v. Holland America Line,
331 N.J. Super. 86 (App. Div. 2000)
Law Against Discrimination (LAD) 2 years Montells v. Haynes
133 N.J. 282 (1993)
Legal Malpractice 6 years NJSA.2A:14-1
McGrogan v. Till
327 N.J. Super. 595 (2000)
Medical Malpractice 2 yrs (from discovery of malpractice) NJSA.2A:14-2
Minor 2 yrs from 18th Birthday Green v. Auerbach
127 N.J. 591 (1992)
Mortgage Foreclosure (Residential) Must read statute, it depends N.J.S.A. 2A:50-53 et seq. (effective 8/9/09); (See also: N.J.S.A. 2A:14-6 to 14-8)
Personal Injury 2 years N.J.S.A. 2A:14-2
Products Liability 2 years N.J.S.A. 2A:14-2
Property (Real) Damage 6 years N.J.S.A. 2A:14-1
Securities Fraud (NJ) 2 Years N.J.S.A. 49:3-71(g)
Sexual Harassment 2 years (from last act of harassment) Montells v. Haynes, 133 NJ 282 (1993) and Caggiano v. Fontoura, 354 NJ Super 111 (2002)
Slander & Libel 1 year NJSA.2A:14-3
Torts Claims Notices
New Jersey
Federal

90 days
2 Years

N.J.S.A. 59:8-8(a)
Pascale v. US, 988 F.2d. 186 (1993)
Traffic Tickets
Driving w/o Insurance
Driving while Suspended
DWI & Refusal
Leaving Scene of Accident
30 days
6 months
90 days
90 days
1 year
NJSA.39:5-3
N.J.S.A. 39:6B-2
N.J.S.A. 39:5-3
N.J.S.A. 39:5-3
N.J.S.A. 39:5-3
Truth in Lending (Affirmative)
Claims for Damages
To Rescind the Transaction

1 year
3 years

15 U.S.C. 1601
15 U.S.C. 1601
Uninsured Motorist Claim 6 years from date of accident, but can be tolled Green v. Selective Ins. 144 N.J. 344 (1966) Price v. N.J. Man. Ins. Co. 182 N.J. 519 (2005)
Whistleblower Suit 1 Year NJSA. 34:19-5
Will Contest
In State (NJ)
Out of State
Based on Fraud

4 months
6months
reasonable time

R. 4:85-1; applies to only Will challenge or letters appointing a fiduciary (inapplicable to challenge) the administration of an estate In Re Racamato App. Div. 2010)
Will Drafting 6 years N.J.S.A. 2A:14-1 Grunwald v. Bronkesh 131 N.J. 483, 499 (1993)
Workers Compensation
New Jersey
Federal

2 years from accident or last payment
3 years provided notice in first 30 days

N.J.S.A. 34:15-51
5U.S.C. 8121
Wrongful Death 2 yrs from date of death NJSA.2A:31-3 (unless defendant was convicted of murder, manslaughter, etc.)

Each case may have its own particular circumstances and the "discovery rule" or other nuances of the law may effect the above. This list is provided as a guide only and an attorney and the law should be consulted in every case. These time frames are also subject to change due to changes in the law. Please read our site wide legal disclosure.

 
 
 
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